Jim Chad Posted October 31, 2012 Posted October 31, 2012 I know this has been discussed before. But I am wondering if there is anything new. There is a mortgage and we are being told there is no unrelated business taxable income and no return needs to be filed. I thought that if there was any debt that a UBTI return had to be filed and often there were taxes due. What do you all think?
Bird Posted October 31, 2012 Posted October 31, 2012 There has to be "income" in order for there to be unrelated business taxable income, so maybe the property isn't generating any income? Or maybe it is below the minimum reportable, $1,000 I think. I wonder if they will still say if there is nothing to report if it sells for a gain? (Can't say I am knowledgeable here; just taking a stab at it.) Ed Snyder
PensionPro Posted October 31, 2012 Posted October 31, 2012 My understanding is the UBTI rules do not apply here unless the real estate is incidental to the running of a business such as a hotel or a motel. PensionPro, CPC, TGPC
mbozek Posted November 1, 2012 Posted November 1, 2012 Why not ask for K-1 to see if there is ubit? mjb
Bird Posted November 2, 2012 Posted November 2, 2012 My understanding is the UBTI rules do not apply here unless the real estate is incidental to the running of a business such as a hotel or a motel. Again, not claiming expertise, but I think the combination of a tax-qualified plan, and a mortgage, is a classic UBTI situation. (Debt-financed income leveraging tax-favored money.) Ed Snyder
ESOP Guy Posted November 2, 2012 Posted November 2, 2012 My understanding is the UBTI rules do not apply here unless the real estate is incidental to the running of a business such as a hotel or a motel. Again, not claiming expertise, but I think the combination of a tax-qualified plan, and a mortgage, is a classic UBTI situation. (Debt-financed income leveraging tax-favored money.) My memory is the same as Bird here. The leverage can create a UBTI. Now it is possible there isn't any income or maybe not enough to create a tax liability. But I think you have to at least fill out the form to know that. I would run this by an accountant. This really isn't pension law it is a tax law question and a CPA for any decent size will have someone who knows how to compute this tax and complete the form.
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